Legislature, Game Commission at odds over crossbows

August 02, 2009|By RICK KAZMER, Daily American Staff Writer

When the state’s game commissioners finally decide how they want to regulate crossbow use, their decision may be irrelevant.

A few lawmakers are trying to move a bill through committee that would expand the weapon’s use. Debate about crossbows has caused nearly a yearlong conflict between the Pennsylvania Game Commission and hunters. Now lawmakers are questioning how far their jurisdiction extends into matters of the outdoors.

If turned into a law, the measure would allow crossbows to be used by all archers, not just the disabled, during any season in which bows are used.

The Game Commission ironically agrees - at least according to the 2009-10 hunting and trapping digest, which includes a previous commission decision to allow crossbow use for the six-week archery season. The rift between lawmakers and the commission was made apparent when commissioner Ron Weaner earlier this month called for tighter restrictions. The board agreed and may finalize their decision during a special meeting before archery season starts in October. If that happens, it will likely force legislative action. Now there is uncertainty over whether politicians can override game commissioners.

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“There is a conflict insofar that in the game and wildlife code it says the Game Commission sets bag limits, seasons and weapon use,” said state Rep. David Levdansky, a Democrat who covers parts of Allegheny and Washington counties. He informed commissioners of the possible legal roadblock at their meeting last month.

State Rep. Carl Walker Metzgar, a Republican who covers Somerset County, disputes the claim.

“The Legislature granted them (commission) authority to do that (make rulings,) we can make whatever law we want,” said Metzgar, who sees good and bad in crossbow use. “That doesn’t mean the Legislature should.”

The crossbow bill was written by state Rep. Gary Haluska, a Democrat from Cambria County. He did not return a telephone call for comment. Supporters of the bill maintain it is unfair to hunters to reverse an already published rule, especially for those who recently bought a crossbow.

And lawmakers have superseded the commission before. Commission spokesman Joe Kosack remembers when politicians nullified a ban of compound bows in 1973. He said commission administrators don’t have an official position on the crossbow bill.

“The board needs to meet again to adopt that (Weaner’s proposal). Until it does that, it is still a six-week (archery) season,” Kosack said.

The indecision has caused frustration among hunters and sporting goods retailers. They want a final answer. Weaner said decisions on controversial weapon use should be closely scrutinized and made at a slow pace. He hasn’t seen that with crossbows.

“From what I can gather, there is no groundswell of sportsman pushing for this,” Weaner said.

His provisions would reset crossbow regulations to those used in 2008. It would add two weeks for the weapon’s use at the beginning of archery season in October. Weaner’s model gives crossbow hunters seven possible weeks to hunt. Lawmakers are pushing for 10 weeks. The bill would redefine the word “bow” in the game code to include crossbows.

State Sen. Rich Kasunic, a Democrat who covers parts of Somerset County, isn’t sure if he agrees with the measure. He is chair of the Senate Game and Fisheries Committee. Kasunic said a copy of the bill has not been debated in the Senate. But he doesn’t think legislators should make the final decision anyway.

“I think we appoint the Game Commission to oversee these types of things,” he said. “Leave it up to the commission.”